How JustAnswer Works:
  • Ask an Expert
    Experts are full of valuable knowledge and are ready to help with any question. Credentials confirmed by a Fortune 500 verification firm.
  • Get a Professional Answer
    Via email, text message, or notification as you wait on our site.
    Ask follow up questions if you need to.
  • 100% Satisfaction Guarantee
    Rate the answer you receive.
Ask Barrister Your Own Question
Barrister
Barrister, Lawyer
Category: Real Estate Law
Satisfied Customers: 35386
Experience:  16 years real estate, Realtor. Landlord 26 years
19958803
Type Your Real Estate Law Question Here...
Barrister is online now
A new question is answered every 9 seconds

Need to evict ex girlfriend from my home, sadly, I am a

Customer Question

need to evict ex girlfriend from my home
JA: Real Estate issues can be tricky and expensive. The Real Estate Lawyer will need to help you with this. Have you consulted a lawyer yet?
Customer: sadly, I am a lawyer and don't know what to do
JA: Please give me a bit more information, so we can help you best.
Customer: its in NJ
JA: Is there anything else the Real Estate Lawyer should be aware of?
Customer: shes been living in my house for about 15 years. Was lying to me about her new boyfriend.
JA: I'm sending you to a secure page on JustAnswer so you can place the $5 fully refundable deposit now. While you're filling out that form, I'll tell the Real Estate Lawyer about your situation and connect you two.
Submitted: 1 year ago.
Category: Real Estate Law
Expert:  Barrister replied 1 year ago.

Hello and welcome! My name is ***** ***** I am a licensed attorney who will try my very best to help with your situation or get you to someone who can. There may be a slight delay in my responses as I research statutes or ordinances and type out an answer or reply, but rest assured, I am working on your question.

.

Is there any type of written lease?

.

Does she pay any rent?

.

Has there been any type of physical violence against you?

.

.

thanks

Barrister

Customer: replied 1 year ago.
No lease.
No rent. Actually she collects rent from her sister who also lives there.
No there has been no physical violence either from me or to me.
Customer: replied 1 year ago.
I have received none of the money she has gotten from her sister.
Expert:  Barrister replied 1 year ago.

Ok, the problem with NJ is it is considered a "just cause" state for evictions and you can only evict for specific reasons.

.

There are 18 of them:

.

1) non-payment of rent, 2) disorderly conduct disturbing other tenants, 3) damage or destruction of the landlord's property, 4) violation of landlord's rules and regulations, 5) violation of lease agreement, 6) violation of a public housing lease provision prohibiting illegal use of drugs, 7) not paying a rent increase, 8) housing or health code violation requiring eviction, 9) landlord removes the property from residential use, 10) not accepting changes in the lease, 11) habitually paying rent late, 12) units converted to condominium or cooperative, 13) owner move-in to unit, 14) tenant loses job that included the unit, 15) conviction of a drug offense, 16) conviction of assaulting, attacking or threatening landlord, 17) engaging in drug activity, theft, assaults or threats against landlord and 18) conviction of theft.

.

.

So with that said, if none of those apply, you would have to "create" a violation so you could then terminate the tenancy and evict. So you can send her a written notice that states 30 days from the date of the notice you are changing the terms of the tenancy to charge her $XXXX per month in rent. You can set it at whatever you like but high enough that she will either voluntarily move out within that 30 days or will refuse to pay you rent and then you can give her yet another 30 day notice to pay rent or vacate. If she still doesn't pay rent, then you can evict her through the courts.

,

NJ is ridiculously tenant friendly..

.

The eviction complaint is filed in the Superior Court, Special Civil Part. Normally the court date is at least 10 days later. You appear and explain why the court should rule in your favor and order the eviction. If you are successful, the judge will order the eviction and a warrant of removal. After 3 days the constable will serve the warrant and 3 days later you can have the constable put them out.

.

.

thanks

Barrister

Related Real Estate Law Questions